BILL REQ. #:  S-3407.4 

Read first time 01/14/10.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to relatives in dependency proceedings; adding a new section to chapter 13.34 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 13.34 RCW to read as follows:
     (1) A relative, with the consent of the parent of removal, has a right to be heard when a child has been placed with the relative for twelve months or more and the department or supervising agency has made the decision to remove the child from the relative's care. This right includes the right to be represented by counsel at the relative's own expense, and the right to cross-examine witnesses on the issue of placement. The relative shall have seventy-two hours, excluding Saturdays, Sundays, and holidays, to petition for standing from the time the decision was made, or from the time the child was removed in an alleged emergency basis. If a qualifying relative petitions for standing, an expedited hearing will be set regarding placement of the child.
     (2) For the purposes of this section:
     (a) "Decision to remove the child" means the department or the supervising agency has indicated with certainty that it plans to remove the child, or already has removed the child in an alleged emergency basis, from placement with the relative.
     (b) "Parent of removal" means the parent against whom a dependency petition has been filed and has had a child removed.
     (c) "Qualifying relative" means a relative who has had care of the child for twelve months or more and has filed a petition.
     (d) "Relative" means a grandparent, aunt, uncle, or sibling of the child.

NEW SECTION.  Sec. 2   This act may be known and cited as the Alexis Stuth act.